Conclusion 9

We note the fact the Charity Commission now accepts the PHSO’s remit and jurisdiction. It is positive that the Commission is of the view it has gained clarity about what the PHSO can and cannot look at in the course of its investigations. We have been concerned by some of the language used by the Commission in relation to the outcome of the judicial review application, which implied that legal proceedings were the only viable route to securing such clarity, and so the decision to take legal action was therefore proportionate and, indeed, almost providing a wider service. We strongly disagree with that position. We also challenge the Charity Commission’s assertion that there will always be a tension between the purposes of the PHSO and the Charity Commission; in our view, if both organisations are operating as they should, their respective aims should not be in conflict. (Conclusion, Paragraph 66)